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Chapter 12. Housing

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Chapter 12. Housing SOUTH PORTLAND CODE HOUSING* ARTICLE I. IN GENERAL ARTICLE II. ADMINISTRATION AND ENFORCEMENT ARTICLE III. RESPONSIBILITIES OF OWNERS AND OCCUPANTS GENERALLY ARTICLE IV. ROOMING HOUSES* ARTICLE V. PLUMBING* ARTICLE VI. LIGHT, VENTILATION AND HEATING* ARTICLE VII. GENERAL SPACE, USE AND OCCUPANCY STANDARDS ARTICLE VIII. INSECT, RODENT AND VERMIN CONTROL* ARTICLE IX. HOUSING SECURITY ARTICLE X. HOUSING AFFORDABILITY SOUTH PORTLAND CODE SOUTH PORTLAND CODE SOUTH PORTLAND CODE OF ORDINANCES Chapter 12 HOUSING* ---------- * Editor's note--Ch. 12 is basically derived from Title 5 of the 1966 Revised Ordinances of the city. In the inclusion of said title, the editors in several instances redesignated and renumbered articles and relocated provisions for purposes of classification, revised catchlines and catchphrases in order to facilitate indexing, reference and use and changed "ordinance" to "chapter" or "article" where appropriate. Cross reference(s)--Housing appeal board, § 2-96 et seq.; housing inspector's duties relative to enforcement of the garbage and refuse chapters, §§ 9-4, 9-5; zoning, Ch. 27. ---------- Art. I. In General, §§ 12-1--12-30 Art. II. Administration and Enforcement, §§ 12-31--12-68 Art. III. Responsibilities of Owners and Occupants Generally, §§ 12-69--12-95 Art. IV. Rooming Houses, §§ 12-96--12-119 Art. V. Plumbing, §§ 12-120--12-145 Art. VI. Light, Ventilation and Heating, §§ 12-146--12-174 Art. VII. General Space, Use and Occupancy Standards, §§ 12-175--12-197 Art. VIII. Insect, Rodent and Vermin Control, §§ 12-198--12-201 Art. IX. Housing Security Art. X. Housing Affordability SOUTH PORTLAND CODE SOUTH PORTLAND CODE ARTICLE I. IN GENERAL Sec. 12-1. Definitions. As used in this chapter, the following words and phrases shall have the meanings ascribed to them in this section. Affordable housing: Dwelling units for which the percentage of income a household is charged in rent and other household expenses, or must pay in monthly mortgage payments (including insurance and taxes), does not exceed 30% of a household’s income. Easement: That portion of a building next below the ground floor or basement having not much more than one-half (1/2) its clear height below the adjoining grade. Cellar: That portion of a building next below the ground floor or basement having more than one-half (1/2) its clear height below the adjoining grade. Discrimination: The unjust or prejudicial treatment of different categories of people, when those categories are protected from discrimination by municipal, state and federal law, including, but not limited to, categories based on race, color, religion, sex, sexual orientation, familial status. Ancestry, national origin, age, physical or mental disability, and based on receipt of public assistance, as provided in 5 M.R.S. § 4581-A, as amended from time to time. Dwelling: Any building which is wholly or partly used or intended to be used for living or sleeping by human occupants, provided that temporary housing as hereinafter defined shall not be regarded as a dwelling. Dwelling premises shall mean the land and auxiliary buildings thereon used or intended to be used in conjunction with a dwelling. Dwelling unit: Any room or group of rooms located within a dwelling and forming a single habitable unit including food preparation, living, sanitary and sleeping facilities used or intended to be used by two (2) or more persons living in common or by a person living alone. Extermination: The control and elimination of insects, rodents or other pests by eliminating their harborage places; by removing or making inaccessible materials that may serve as their food; by poisoning, spraying, fumigating, trapping; or by any other recognized and legal pest elimination methods approved by the health officer. Garbage: Shall mean residential offal, household garbage and kitchen waste. Habitable room: A room or enclosed floor space used or intended to be used for living, sleeping, cooking or eating purposes excluding bathrooms, water closet compartments, laundries, pantries, game rooms, foyers or communicating corridors and permanent built-in closets and storage spaces. Health officer: The legally designated health authority of the City of South Portland, or his authorized representative. Infestation: The presence or evidence of the presence, within or around a dwelling, of any insects, rodents or other pests. Landlord: An owner, manager, lessee, sublessee, managing agent or other person having the right to rent or sell or manage any dwelling unit or rental property or any agent of these individuals or entities. Multiple dwelling: Any dwelling containing more than two (2) dwelling units. Neighborhood activity centers. Relatively small areas where local residents can easily walk to gather, shop, dine, or purchase services. They are characterized by a mix of residential and such non-residential uses as office, retail, commercial, entertainment, and personal services, and are distinct from business hubs that draw SOUTH PORTLAND CODE from larger market areas. Occupant: Any person over one year of age living, sleeping, cooking or eating in, or having actual possession of, a dwelling unit or rooming unit. Operator: Any person who has charge, care or control of a building or part thereof, in which dwelling units or rooming units are let. Ordinary minimum winter conditions: Minus twenty (20) degrees Fahrenheit. Owner: Any person who, alone or jointly or severally with others: (1) Has legal title to any dwelling or dwelling unit, with or without accompanying actual possession thereof; or (2) Has charge, care or control of any dwelling or dwelling unit as owner or agent of the owner, or as executor, executrix, administrator, administratrix, trustee, or guardian of the estate of the owner. Any such person thus representing the actual owner shall be bound to comply with the provisions of this chapter to the same extent as if he were the owner Person: Any individual, firm, corporation, association or partnership. Plumbing: All of the following supplied facilities and equipment: gas pipes, gas-burning equipment, water pipes, garbage disposal units, waste pipes, water closets, sinks, installed dishwashers, lavatories, bath tubs, shower baths, installed clotheswashing machines, catch basins, drains, vents and other similar supplied fixtures, together with all connections to water, sewer or gas lines. Refuse shall mean an accumulation of any putrid substance, garbage, rubbish, old lumber, debris, rubble, abandoned appliances or abandoned household furniture. Rooming house: Any dwelling, or that part of any dwelling containing one or more rooming units, in which space is let by the owner or operator to four (4) or more persons who are not husband or wife, son or daughter, mother or father or sister or brother of the owner or operator. Rooming unit: Any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes. Supplied: Paid for, furnished, installed or provided by or under the control of the owner or operator. Temporary housing: Any tent, trailer or other structure used for human shelter which is designed to be transportable and which is not attached to the ground, to another structure or to any utilities system. Tenant: An individual, individuals, an entity, entities, a lessee or sub- lessee, or other person having the right to rent any dwelling unit or rental property or any agent of these individuals or entities. This definition includes a tenant at will as described in 14 M.R.S. § 6002, as amended from time to time. (Code 1966, §§ 5-1--5-1-21; Ord. No. 9-70, § 3-16-70; Ord. No. 19-72, 9-6-72; Ord. No. 3-17/18, 8/7/17 [Fiscal Note: Less than $1,000]) Sec. 12-2. Construction of certain words. Whenever the words "dwelling" and "dwelling premises" are used in this chapter, they shall be construed as though they were followed by the words "or any part thereof." (Code 1966, § 5-1-22) Sec. 12-3. Scope of chapter. This chapter contains provisions establishing minimum standards governing the SOUTH PORTLAND CODE condition and maintenance of dwellings; establishing minimum standards governing supplied utilities and facilities and other physical things and conditions essential to make dwellings safe, sanitary, and fit for human habitation; establishing minimum standards governing the condition of dwellings offered for rent; fixing certain responsibilities and duties of owners and occupants of dwellings; authorizing the inspection of dwellings; and condemnation of dwellings unfit for human habitation; and fixing penalties for violation. (Code 1966, Title 5) Sec. 12-4. Effect of chapter on other ordinances. This chapter shall not interfere with, abrogate, annul or repeal any ordinance of the city, provided that where this chapter imposes greater restrictions than any other ordinance of the city its provisions shall control. (Code 1966, § 5-13-2) Sec. 12-5. Responsibility for compliance with chapter not transferable. No contract or agreement between owner and/or operator and occupant relating to compliance with the terms of this chapter shall be effective in relieving any person of responsibility for compliance with the provisions of this chapter as set forth herein. (Code 1966, § 5-13-4; Ord. No. 19-72, 9-6-72) Sec. 12-6. Compliance with maintenance standards prerequisite to occupancy of dwelling or dwelling unit. No person shall occupy as owner or let to another for occupancy any dwelling or dwelling unit, for the purpose of living therein, which does not comply with the following requirements relating to the safe and sanitary maintenance of parts of dwellings and dwelling units: (1) Foundations, floors, walls, ceilings, roofs to be weatherproof, rodentproof, capable of affording privacy and properly maintained. Every foundation, floor, wall, ceiling and roof shall be reasonably weathertight and rodentproof; shall be capable of affording privacy; and shall be kept in good repair. (2) Windows, doors, hatchways to be weatherproof, rodentproof and properly maintained.
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